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[Cites 3, Cited by 3]

Patna High Court - Orders

Harinandan Gope vs The State Of Bihar on 20 July, 2012

Author: Shyam Kishore Sharma

Bench: Shyam Kishore Sharma, Amaresh Kumar Lal

      Patna High Court CR. APP (DB) No.708 of 2012 (2) dt.20-07-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Appeal (DB) No.708 of 2012
                  ======================================================
                  Harinandan Gope, Son of Late Balgovind Gope, Resident of Gunjarchak,
                  P.S. - Chandi, District - Nalanda.
                                                                          .... .... Appellant
                                                     Versus
                  The State Of Bihar
                                                                         .... .... Respondent
                  ======================================================
                  Appearance :
                  For the Appellant       : Mr. Shashi Shekhar Sharma, Advocate.
                  For the Respondent : Mr. Ashwini Kumar Sinha, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE
                  SHARMA
                                                      and
                            HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
                                                 ORAL ORDER
                  (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

2   20-07-2012

Heard learned Counsel for the appellant and for the State.

The appeal is admitted.

Call for the lower court records.

It shall be heard along with Criminal Appeal (DB) No. 533 of 2012 filed by Ramdeo Gope and Criminal Appeal (DB) No. 603 of 2012 filed by Shyam Gope.

The appellant and others have been convicted under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Shyam Gope has been convicted under Section 302 of the Indian Penal Code for giving fatal shot to the informant's wife.

Allegation against this appellant is that he has fired and caused injury to the informant whereas fatal shot to the Patna High Court CR. APP (DB) No.708 of 2012 (2) dt.20-07-2012 informant's wife was given by Shyam Gope.

Submission is that the injury report of the informant has not been brought on record. The doctor who has treated the injured has not been examined.

Considering the facts and circumstances, the appellant Harinandan Gope, during the pendency of this appeal, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Santosh Kumar Srivastava, the learned Additional Sessions Judge 3rd / his successor court, Hilsa (Nalanda) in connection with Sessions Trial No. 09 of 1990 arising out of Chandi P.S. Case No. 98 of 1988.

(Shyam Kishore Sharma, J.) (Amaresh Kumar Lal, J.) KKSINHA/-